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It has been over a year since the West and Demouilpied appeals took place in which the Court found the ATE insurance premiums to be reasonable and should be allowed in full.
These two favourable decisions unblocked the costs jam caused by the paying party. However, here at Temple we have now noticed a new approach being taken in respect of the recoverable premium.
The paying party argue that under S46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, a Costs Order may include provision requiring the payment of an ATE insurance premium.
It is also argued that in the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No.2) Regulations 2013 that recovery of the ATE premium is a discretionary inclusion within the costs order. Therefore, the costs order must contain specific provision for payment of the ATE insurance.
Although we are confident that this argument can be overcome, we have sought advice on this matter and recommend that when filing a Tomlin Order, a provision for payment of the ATE premium should be included within the Order itself and not within the schedule.
This approach should reduce the risk of this particular challenge being raised.
Temple remain committed to helping lawyers and their clients by providing a stress-free full delegation ATE insurance scheme for your personal injury cases; one that can be used all the way to trial. If this is something you would be interested in please contact us on 01483 577877.
